OpenLegislation

The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010

S.I. 2010/816 · Made 16 March 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 11 March 2011.

Criminal Law, England And Wales

Criminal Law, Northern Ireland

Criminal Procedure, England And Wales

Criminal Procedure, Northern Ireland

Senior Courts Of England And Wales

Court Of Judicature, Northern Ireland

County Courts, England And Wales

County Courts, Northern Ireland

Magistrates’ Courts, England And Wales

Magistrates’ Courts, Northern Ireland

Data Protection

Proceeds Of Crime

Made 16th March 2010

The Lord Chancellor and Secretary of State in exercise of the powers conferred, respectively, by section 182(4) and section 182(5) of the Coroners and Justice Act 2009f1, and by section 176(3) of that Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2009 c. 25.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 6th April 2010
  3. 3Provisions coming into force on 6th April 2010
  4. 4Provisions coming into force on 6th April 2010
  5. 5Provisions coming into force on 4th October 2010
  6. 6Provisions coming into force on 4th October 2010
  7. 7Transitional and saving provisions
  8. Signature
  9. Schedule: Provisions which come into force on 6th April 2010
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Paragraph 5
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. 20Paragraph 20
  30. 21Paragraph 21
  31. 22Paragraph 22
  32. Explanatory note

1Citation and interpretationI1

(1)

This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010.

(2)

In this Order, “the 2009 Act” means the Coroners and Justice Act 2009.

2Provisions coming into force on 6th April 2010I1

The provisions of the 2009 Act specified in the Schedule shall come into force on 6th April 2010.

3Provisions coming into force on 6th April 2010I1

Sections 74 to 83 and 85 of the 2009 Act (anonymity in investigations) shall come into force on 6th April 2010 in England and Wales.

4Provisions coming into force on 6th April 2010I1

(1)

The following provisions of the 2009 Act shall come into force on 6th April 2010 in the relevant local justice areasf1—

(a)

section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (b); and

(b)

in Part 3 of Schedule 23 (criminal evidence and procedure), the repeals relating to the Police and Criminal Evidence Act 1984f2 and section 57C of the Crime and Disorder Act 1998f3.

(2)

The relevant local justice areas are—

(a)

in London: Barking and Dagenham; Barnet; Bexley; Brent; Bromley; Camden and Islington; City of London; City of Westminster; Croydon; Ealing; Enfield; Greenwich and Lewisham; Hackney and Tower Hamlets; Hammersmith and Fulham and Kensington and Chelsea; Haringey; Harrow Gore; Havering; Hillingdon; Hounslow; Kingston-upon-Thames; Lambeth and Southwark; Merton; Newham; Redbridge; Richmond-upon-Thames; Sutton; Waltham Forest; and Wandsworth; and

(b)

in Kent: Central Kent; East Kent; and North Kent.

5Provisions coming into force on 4th October 2010I1

The following provisions of the 2009 Act shall come into force on 4th October 2010—

(a)

section 52 (persons suffering from diminished responsibility (England and Wales));

(b)

section 56(2)(a) (repeal relating to abolition of common law defence of provocation);

(c)

section 57 (infanticide (England and Wales));

(d)

in section 177 (consequential etc amendments and transitional and saving provisions), subsection (1) so far as it relates to the provision specified in sub-paragraph (f);

(e)

section 178, so far as it relates to the provisions specified in sub-paragraph (g);

(f)

in Schedule 21 (minor and consequential amendments), paragraph 52;

(g)

in Part 2 of Schedule 23 (criminal offences), the repeals relating to—

(i)

the Homicide Act 1957f1; and

(ii)

the Criminal Justice Act 2003f2.

6Provisions coming into force on 4th October 2010I1

The following provisions of the 2009 Act shall come into force on 4th October 2010 in England and Wales—

(a)

sections 54 and 55 (partial defence to murder: loss of control); and

(b)

section 56(1) (abolition of common law defence of provocation).

7Transitional and saving provisionsI1

(1)

Existing guidelines which have effect immediately before the coming into force, by virtue of article 2 and paragraph 8 of the Schedule, of section 125(1) of the 2009 Act (sentencing guidelines: duty of court) are to be treated as guidelines issued by the Sentencing Council for England and Wales under section 120 of the 2009 Act (sentencing guidelines).

(2)

The repeal of section 172 of the Criminal Justice Act 2003 (duty of court to have regard to sentencing guidelines), which takes effect by virtue of article 2 and paragraph 22(b)(iv) of the Schedule, shall have no effect where a court is sentencing an offender for, or exercising any other function relating to the sentencing of offenders in respect of, an offence committed before 6th April 2010 F1; and for these purposes “guidelines” in section 172(2) shall be treated as including definitive sentencing guidelines within the meaning of section 136 of the 2009 Act.

(3)

The amendments to section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence), which take effect by virtue of article 2 and paragraph 20(b) of the Schedule, shall have no effect in relation to the sentencing of any offender for an offence committed before 6th April 2010.

(4)

The amendments to Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), which take effect by virtue of article 5(f) and (g)(ii), shall have no effect in relation to the sentencing of any offender for an offence of murder committed before 4th October 2010.

(5)

In this article, “existing guidelines” has the meaning given in paragraph 28(2) of Schedule 22 to the 2009 Act.

Signature

Signed by the authority of the Lord Chancellor and Secretary of State.

Claire M Ward

Parliamentary Under Secretary of State

Ministry of Justice

16th March 2010

1I1

Sections 62 to 68 (prohibited images of children).

2I1

Section 69 (indecent pseudo-photographs of children: marriage etc).

3I1

Section 70 (genocide, crimes against humanity and war crimes).

4I1

Section 71 (slavery, servitude and forced or compulsory labour).

5I1

Section 84 (anonymity in investigations: application to armed forces).

6I1

Section 113 (powers in respect of offenders who assist investigations and prosecutions).

7I1

Section 118 (Sentencing Council for England and Wales), so far as it is not already in force.

8I1

Sections 119 to 136 (remaining provisions regarding Sentencing Council for England and Wales).

9I1

Section 146 (retention of knives surrendered or seized (England and Wales)).

10I1

Section 147 (retention of knives surrendered or seized (Northern Ireland)).

11I1

Sections 155 to 172 (criminal memoirs etc).

12I1

Section 173 (assessment notices), so far as it is not already in force.

13I1

Section 175 (further amendments of the Data Protection Act 1998), so far as it relates to the provisions specified in paragraph 19.

14I1

In section 177 (consequential etc amendments and transitional and saving provisions)—

(a)

subsection (1) (minor and consequential amendments), so far as it relates to the provisions specified in paragraph 20; and

(b)

subsection (2) (transitional, transitory and saving provisions), so far as it relates to the provisions specified in paragraph 21.

15I1

Section 178 (repeals), so far as it relates to the provisions specified in paragraph 22.

16I1

Schedule 13 (prohibited images: providers of information society services).

17I1

Schedule 15 (the Sentencing Council for England and Wales), so far as it is not already in force.

18I1

Schedule 19 (exploitation proceeds investigations).

19I1

In Schedule 20 (amendments of the Data Protection Act 1998), paragraphs 5 to 14 (amendments other than those relating to data controllers’ registration).

20I1

In Schedule 21 (minor and consequential amendments)—

(a)

paragraph 62 (so far as it is not already in force) and paragraphs 63 and 64 (prohibited images of children); and

(b)

paragraphs 79 to 89 (Sentencing Council for England and Wales).

21I1

In Schedule 22 (transitional, transitory and saving provisions)—

(a)

paragraph 12 (prohibited images of children);

(b)

paragraph 13 (slavery, servitude and forced or compulsory labour);

(c)

paragraphs 14 and 15 (anonymity in investigations);

(d)

paragraph 27 (provision in respect of the Sentencing Council for England and Wales);

(e)

paragraph 44 (knives in court buildings etc);

(f)

paragraph 45 (criminal memoirs etc); and

(g)

paragraph 46 (assessment notices).

22I1

In Schedule 23 (repeals) —

(a)

in Part 3 (criminal evidence and procedure), the repeals relating to:

(i)

sections 57D and 57E of the Crime and Disorder Act 1998f1; and

(ii)

section 120(7)(d) of the Criminal Justice Act 2003f2.

(b)

in Part 4 (sentencing), the repeals relating to—

(i)

the Parliamentary Commissioner Act 1967f3;

(ii)

the Race Relations Act 1976f4;

(iii)

the Freedom of Information Act 2000f5;

(iv)

the Criminal Justice Act 2003; and

(v)

the Constitutional Reform Act 2005f6.

(c)

Part 7 (criminal memoirs); and

(d)

in Part 8 (Data Protection Act 1998), the repeals relating to section 16(1) of and Schedule 9 to the Data Protection Act 1998f7.

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”).

The provisions of the 2009 Act set out in the Schedule come into force on 6th April 2010. These include criminal law provisions relating to a new offence of possession of prohibited images of children in England and Wales and Northern Ireland (sections 62 to 68 and Schedule 13); provisions extending the defence relating to marriage and other relationships in respect of the offences of making and possessing indecent photographs of a child in England and Wales and Northern Ireland so as to include indecent pseudo-photographs of a child (section 69); provisions relating to the offences of genocide, crimes against humanity and war crimes in the International Criminal Court Act 2001 (c. 17), providing for retrospective application of certain offences and making supplemental provision about the meaning of United Kingdom resident in that Act (section 70); and provisions relating to a new offence of slavery, servitude and forced or compulsory labour in England and Wales and Northern Ireland (section 71).

The provisions set out in the Schedule also include provisions amending the Serious Organised Crime and Police Act 2005 (c. 15) in respect of offenders who assist investigations and prosecutions (section 113); provisions concerning the new Sentencing Council for England and Wales (sections 118 to 136 and Schedule 15); provisions amending the Courts Act 2003 (c. 39) and the Justice (Northern Ireland) Act 2004 (c. 4) in respect of the retention of knives that have been surrendered to, or seized by, a court security officer (sections 146 and 147); provisions creating a new civil scheme under which certain courts in the United Kingdom may make an exploitation proceeds order in respect of qualifying offenders who have received exploitation proceeds from a relevant offence (sections 155 to 172 and Schedule 19); and provisions amending the Data Protection Act 1998 (c. 29) to enable the Information Commissioner to serve an assessment notice in order to carry out an assessment to determine whether a data controller has complied or is complying with the data protection principles (section 173) and to make consequential amendments in relation to assessment notices, enhance the Information Commissioner’s investigatory powers and make further provisions related to those investigatory powers (section 175 and Schedule 20).

Article 3 brings sections 74 to 83 and 85 into force only in respect of England and Wales on 6th April 2010. These provisions relate to investigation anonymity orders.

Article 4 brings into force certain repeals relating to the Police and Criminal Evidence Act 1984 (c. 60) and section 57C of the Crime and Disorder Act 1998 (c. 37) in respect of the local justice areas listed in article 4(2). The repeals relate to live links and come into force on 6th April 2010.

Articles 5 and 6 bring into force provisions relating to murder and infanticide in England and Wales only on 4th October 2010. These provisions amend the Homicide Act 1957 (c. 11) in respect of the partial defence to murder of diminished responsibility in England and Wales (section 52); replace the common law partial defence to murder of provocation in England and Wales with the new partial defence of loss of control (sections 54 to 56); and amend the Infanticide Act 1938 (c. 36) so that the offence and defence of infanticide in England and Wales can only apply in circumstances where the relevant conduct would otherwise amount to the offence of murder or manslaughter (section 57).

Article 7 makes transitional and saving provision. Paragraphs (1) and (5), relating to the commencement of section 125(1), have the effect that guidelines of the Sentencing Guidelines Council existing immediately before 6th April 2010 are to be treated as guidelines issued by the Sentencing Council for England and Wales. By virtue of paragraph 27 of Schedule 22 to the 2009 Act, section 125 (duty to follow sentencing guidelines) has no effect in relation to the sentencing of persons for offences committed before 6th April 2010. Paragraphs (2) to (4) have the effect that certain repeals and minor and consequential amendments do not apply in relation to the sentencing of an offender for an offence committed before 6th April 2010 (in the case of paragraphs (2) and (3)) or before 4th October 2010 (in the case of paragraph (4)).